Product Liability Claim from Design Defect
Posted February 12th, 2021 by Anthony Carbone.
There are many bases under which you may bring a product liability case, one of which is a product liability design defect. In such a claim, you typically work with a Bayonne Personal Injury Attorney to establish that the product was manufactured correctly but had a flawed design that caused you injuries. Here is everything you need to know about this claim.
What Is a Design Defect?
Before a product gets to the consumer, it is designed, manufactured, and then distributed. A design defect refers to a flaw in the design of a product or substandard testing during the design process, which results in a faulty or dangerous product.
A product liability design defect claim is brought under the claim that the damage caused by a product was caused by the product’s flawed design and that the error did not occur during manufacturing. In such cases, the design of the entire line of products is considered inherently defective.
A defective design may either inconvenience the user, consider a stool with two legs, or cause the user harm such as a steering wheel that works backward.
Examples of Defectively Designed Products
As mentioned, a defectively designed product can be dangerous to the user. Because the manufacturer didn’t make the error, it usually makes no difference that it was perfectly made according to the provided specifications. The entire line of products is considered inherently harmful.
Defective products can range in type from a simple pair of sunglasses to a model of car, which means that even a simple product could harm you. The following are some examples of defectively designed products:
- Sunglasses that don’t block UV rays
- An electric blanket that electrocutes you when you place it on a high setting
- A face mask that doesn’t filter out harmful particles from the air
- Children’s toys that present a choking hazard
- A car that flips over when it turns a corner
- A table with unequal leg lengths
- A cooking spoon that catches fire
Proving Fault in a Design Defect Claim
Some product designers will try to protect themselves from liability by including warning labels on their products to warn the user of a potential hazard. However, if such warnings don’t usually prevent the product from causing the user injury. If you get injured, you may still be able to pursue damages.
A product liability claim for a design defect seeks to establish that the product had an inherent design flaw, which caused your injury. As the plaintiff, you must establish the following:
- You used the product as intended.
- The product design was flawed.
- The design flaw in the product caused your injury.
- Your injury resulted in other losses.
Product liability cases can involve several legal theories and laws. Establishing these elements will usually require the expertise of an experienced lawyer.
Talk to a Bayonne Personal Injury Attorney
Like all product liability cases, a product liability design defect claim may involve several legal theories and elements, which may prove difficult to establish on your own. This is where your attorney comes in. Attorney Anthony Carbone, an experienced Bayonne Personal Injury Attorney, is dedicated to protecting the rights of injury victims.
If you have sustained an injury due to a poorly-designed product, contact the Law Offices of Anthony Carbone today 201-733-2230 to set up a free consultation.